Publication details
Konec obstrukcím a procesnímu ping-pongu při poskytování informací
| Title in English | No more obstruction and procedural ping-pong when providing information |
|---|---|
| Authors | |
| Year of publication | 2024 |
| Type | Article in Periodical (without peer review) |
| MU Faculty or unit | |
| Citation | |
| Description | Obstructive behaviour of obliged persons in dealing with requests for information is a bit more complicated. At the beginning of 2024, the Supreme Administrative Court of the Slovak Republic ("SAC") issued an important decision increasing the enforceability of the right to information when proceeding under Act No. 211/2000 Coll., on free access to information ("SlInf"). The decision opens a way out of the situation when the obliged person obstructs and does not want to provide the requested information, despite clear instructions from the appeal authority. Procedurally, the obliged person issues illegal decisions which are repeatedly overturned on appeal. There has been no escape from this procedural ping-pong due to the imperfections of the information provision legislation - the possibility of a judicial review of the first instance administrative decision itself has now opened up. This article presents this judicial decision (issued in proceedings led by the author), which should not be forgotten. It also highlights the related case law of the Czech Supreme Administrative Court on which it is based. |